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Product Liability Yamaha Motor Group Essay

… As an ongoing assurance, periodic safety and functionality tests should be performed to ensure the manufacturing process has not swayed from the original intentions of what the product was supposed to do, no defects are in the parts of the products, and the safety of the product is still valid. In the assurance that products are in compliance with law, the law should be reviewed compared to the product specifications and safety to ensure the manufacturing process is in compliance with all applicable law.

The warranties and product information should also be reviewed periodically for updates or other related factors for consumers to be aware of all aspects of the product to ensure the products are used in safe and effective manners. It should also…. [read more]


Products Liability Research: Mattel Inc Research Paper

… The agency even provides a platform for consumers to report any unsafe product that they are exposed to and analyzes those reports to determine the suitability of those products. Mattel, Inc. can work with the Consumer Product Safety Commission by ensuring that its products meet the standards of safety established by the regulatory agency. This company can liaise with the agency to provide the evaluation standards for its product before they are released to the market. One of the best methods for working with the regulatory agency is to subscribe to the Consumer Product Safety Commission list.

Recommendations for Mattel, Inc.:

As a company that has experienced numerous products recalls throughout its history, Mattel Inc. needs to adopt several strategies that could be helpful in…. [read more]


Product Liability Today's Society Essay

… Chavez' weapon and its relationship to his line of work requires that simple activation of the weapon be instituted as a feature. The Glock's quick trigger could be understood as a means to protect Chavez at work even though it may have caused his accident. Looking to blame other is commonplace in today's world and litigation is often used as a method to determine blame. In this case the obviousness of the inherent dangers of guns should be placed as a primary standard for judging the legitimacy of this case.

Recommendations

The manufacturers of Glock handguns should begin to take notice of a political shift towards an anti-gun stance that is being pursued by those who feel they are too dangerous to society. A counter-uprising…. [read more]


Product Liability and Vaccines Essay

… 08 -- 65IV."

III. Fed Cl., 2011, Palker-Corell v. Secretary of Dept. Of Health and Human Services August 25, 2011

The third case reviewed in this study is that of Parker-Corell v. Secretary of Dept. Of Human Health Services, August 25, 2011 involving the Petitioner filing for a vaccine compensation under the National Vaccine Injury Compensation Program 42 U.S.C. § 300aa -- 10 to 34 The Petitioner seeks compensation in this case relating to the injuries that the Petitioner allegedly suffered due to receiving the Hepatitis B vaccine which is contained in the Vaccine Injury Table located at 42 G.F.R. § 100.3(a). The Petitioner in this case was in receipt of Hepatitis B immunizations on or about August 23, 2005, and January 31, 2006, which…. [read more]


Products Liability Research Paper

… ¶ … product liability case that revolves between Mitsubishi and Peter Laliberte. In this case, the defect in the car manufactured by the well-known automobile manufacturing company, Mitsubishi resulted in the death of an individual. The case caught attention as it revealed fault from the company's side. The case settled by Mitsubishi paying 11 million dollars to the affected family.

Product liability has been defined by many scholars on many ways. One very simple definition of product liability is 'the responsibility which the law places on those concerned with the supply of product for the losses caused by the condition of those products'. (Stapleton, 1994, p.9)

One other very precise definition of product liability is 'most of the issues pertaining to the liability of manufacturers…. [read more]


Bk Product Liability Research Paper

… What is inherently dangerous and generally displeasing is becoming more and more harder to define as opinions on the matter are so over-specified and over-focused we have lost sight on how we should humanely and reasonably treat each other. Lawyers and judges should have more respect for the law and cases like these could certainly be handled in a more discreet and useful manner.

Works Cited

Baker, R. (2013). 9th Circuit restores 'phlegm burger' suit following Wash. high court guidance. Reuters, 27 Feb 2013. Retrieved from http://blog.thomsonreuters.com/index.php/9th- circuit-restores-phlegm-burger-suit-following-wash-high-court-guidance/

Gullo, K (2013). Burger King Suit Over Spit in Sandwich Revived by Court. Bloomberg, 12 Feb 2013. Retrieved from http://www.bloomberg.com/news/2013-02-12/burger-king- lawsuit-over-spit-in-meal-revived-by-appeals-court.html

Payne, C. (2013). State's high court: Washington Product Liability Act permits emotional distress in the absence…. [read more]


Product Liability Tort Risk Essay

… Its seven essential elements are management commitment, communications and consultation, policies and procedures, training and education, effective and efficient framework, application of risk management in practice, and ongoing monitoring and review. The auditor of Non-Linear Pro-should train on ERM in re-assessing company risks on its product/s. ERM is said to be increasingly important to manufacturers. Its thrust is that people, systems and processes synergize across the organization to systematically manage a wide range of risks, which hinder the accomplishment of organizational goals and opportunities (Harb). The internal auditor should, in turn, share his new learning on ERM with management and the workforce.

Management commitment as step or element 1 will incline management to set the tone of product risk consciousness from the top (Harb, 2008…. [read more]


Product Liability Is an Area Essay

… Grimm's causation testimony. The Court of Appeals reviewed the complete case and concluded that the Trial Judge erred when it excluded Dr. Grimm's opinion testimony about causation. The Appellate Court believed that it was up to the Jury to decide the relative merits of opinions and conclusions reached by acknowledged expert witnesses. The Decision of the Court of Appeals is affirmed, the judgment of the Circuit Court is reversed, and the case is remanded to the Circuit Court for further processing (NAPIL, "Jennings," 2000).

Analysis -- The issues in Jennings v. Baxter certainly surround personal injury and product liability -- is it the fault of the manufacturer if something goes wrong with its product. Clearly, in a product designed to be implanted into the human…. [read more]


Dicenzo v. Best Products Company Research Paper

… The George V. Hamilton Company has been in business for nearly a hundred years and has seen many changes. The use of asbestos as a fire proofing and insulation product was met with enthusiasm by the industry and Hamilton obviously adopted its use as a major part of its product line. The dangers attached to the use of asbestos most likely came as a major surprise to Hamilton and when the litigation began the company it had a major impact on its operation. Fortunately, the company was able to withstand the tide of litigation and to adjust its operations so that the financial cost to the company was minimized. Shifting to the use of other insulating and fire-proofing materials was accomplished smoothly by the company…. [read more]


Business Law Products Liability and Negligence Research Paper

… Business Law

Products Liability and Negligence: With the evidence that Vioxx leads to an increased heart risk of heart attack and stroke, Merck is facing the issue of product liability. Product liability, a tort of negligence, holds manufacturers liable for negligently made goods that harm consumers. Manufacturers must meet the standard of care for reasonable manufacturers in the design, manufacture, and marketing of a product. With respect to Merck, this applies to a failure to warn of a danger of using Vioxx. Merck may be liable under this tort because it owes a duty of care to the users of the medicine and it is foreseeable that carelessness by Merck would impact that group. If the court finds that Merck was careless and did not…. [read more]


Sales Contracts and Products Liability Law Article Article Review

… Sales Contracts and Products Liability Law Article Review

O'Reilly, James T. (Summer 2003) "Product Recalls & the Third Restatement: Consumers Lose Twice from Defects in Products and in the Restatement Itself." The Memphis Law Review. Pp.1-6. Retrieved by FindArticles. Full Text Available at http://www.findarticles.com/p/articles/mi_qa3843/is_200307/ai_n9252476

This article demands more stringent and protective legislation for consumers regarding product recalls. A product recall is almost always designed to prevent a future injury from a product that is known or suspected to be harmful to future consumers. A product recall is the removal from the market of a product, including a consumer's home where necessary, that is suspected of posing an acute risk of injury to consumers because of manufacturing or design defect, or a lack of warning label.…. [read more]


Product Liability Jonathan Swift's Use Essay

… " This group of beings is held in high esteem for their simplicity and natural approach to life and society.

As the story progresses, Gulliver eventually becomes so ashamed of his humanity he almost begins to act like a horse. Gulliver tries to transcend his conditioning and vows to change his way. His eventual elimination of some of his bad tendencies through imitation of the Houyhnhnms cannot save him from his destiny. Gulliver is eventually exiled away from this land on the grounds that his combination of greater intelligence than Yahoos and lesser virtue than Houyhnhnms makes him dangerous and he should not be permitted to stay..

At the conclusion of the story, Gulliver is presented with an interesting challenge. Gulliver is awake and understands…. [read more]


Edwards v. Pepsico Company Essay

… Changes

There does not appear to be any information available on what changes were made either at Pepsico or at B.W. Sinclair, who was the manufacturer of the Bulk Bag Unloader. One would hope that both companies put rules into place to make sure that this piece of equipment was not manufactured or operated without the safety guards so that this type of accident would not happen again.

Regulatory Agency

In this case the regulatory agency that would be involved would be that of The U.S. Department of Labor's Occupational Health & Safety Administration. OSHA is part of the United States Department of Labor. The administrator for OSHA is the Assistant Secretary of Labor for Occupational Safety and Health. OSHA's administrator answers to the Secretary…. [read more]


Liability of Smallness Essay

… 660). Finally, larger firms enjoy the advantage of simply having been in business longer than their start-up counterparts in a self-sustaining process where resources are accumulated over time. For instance, Frese (2000) points out that, "Larger firms are much more successful than smaller ones. Obviously, success is highly related to size -- bigger firms are, by definition, more successful because they have grown more" (p. 170). Although size does matter when it comes to firms, it is not the only key to success in the corporate world and these issues are discussed further below.

Response by Smaller Firms

Lacking a sling and smooth stones, smaller firms must compete with their larger Goliath counterparts in innovative ways. Because they do not enjoy the same level of…. [read more]


Product Liability: Warranties and Torts Term Paper

… The buyer sued the seller for damages. The seller raised the defense that no warranty of fitness for the buyer's particular purpose of operating an irrigation pump had arisen because the seller did not know of the use to which the buyer intended to put the engine and the buyer had not relied on the seller's skill and judgment in selecting the particular engine.

Issue: Did the seller have any liability based on warranties?

Reasoning: Products that fail to meet their stated capabilities when used in a conforming manner are defective and the manufacturer and/or seller are liable for breach of warranty.

Chapter 25 on Obligations and Performance

2. Answer: No.

Facts: Central District Alarm (CDA) and Hal-Tuc entered into a written sales agreement providing…. [read more]


Product Manufacturing Capstone Project

… Product Manufacturing

The objective of this paper is to present a strategy to manufacture steel. Manufacturing process involves the transformation of raw materials into finished goods, and a manufacturing process requires the acquisition of direct material, direct labor, manufacturing overhead. The product costs represent the costs used to manufacture the steel from the start to finish. Product costs are the summation of direct labor, direct material, and factory overhead. However, the paper uses the process costing in manufacturing of the steel.

Manufacturing Process of Steel

Steel manufacturing process involves combination of direct materials, direct labor, overhead costs and fixed costs to produce a finished product. A manufacturing process using process costing "involves a continuous flow of raw materials through various processing departments," (Garrison, Noreen, &…. [read more]


Non Linear Pro-Is a Company Essay

… They remain unable to complete the job even after the appropriate training, manual reading, and application of knowledge to the actual product. A tort of possible fraud is created by this situation, along with strict liability. Since strict liability focuses on the product itself, "under strict liability, the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making that product defective." (White, 2006) The product in question was clearly defective, and the manufacturer is liable. The quality of the product was clearly misrepresented. The sales representative mentioned that the product could be learned within a day or day and a half. This was clearly not the case, as employees spent much more time in training and were still…. [read more]


Assumption of Risk Term Paper

… Business

Product Liability and Assumption of Risk

Product liability and assumption of risk are important concepts in business law. In most cases, when a company manufactures or sells a product, it is assumed that the product is free from any special risks or dangers for the purchaser. As well, if a company provides a service, it is generally taken for granted that use of the service by customers will not result in any undue injury to the user of that service. However, there exist cases wherein the use of a product or service may entail certain risk of injury that is considered automatically to be the responsibility of the user of that product or service. These would include inherently, or potentially, dangerous or injurious goods…. [read more]


Law and Ethics Term Paper

… Product liability happens when their product or service leads to physical or emotional injuries in the consumer, on the consumer's property or as a result of actions taken for the business. It arises from the violation of the basic ethics principle of not doing harm. To avoid this, the business should as if their product will harm anyone before embarking in it. Managers should think through consequences of negligence, inaction and restitution (Frenz).

Intellectual Property

This includes patents and trademarks, which include rights to their products (Morgan, 2013). Patent rights protect the inventor and exclude all others from copying and using it. Trademark rights prevent product confusion among consumers (Morgan).

BIBLIOGRAPHY

Alfredo, D. (2013). Moral obligations of diversity. eHow: Demand Media, Inc.

Retrieved on March…. [read more]


Product Recalls Research Paper

… Thecost of obtaining the product recalls is an additional financial loss. The cost incurred to retrieve the products from distributors, retailers, and consumers also causes the business to loose finances.

The financial loss for recalling products is also observed in terms of the share value for the company. The business value loss is in addition to the direct loss incurred from product recalls. There are also some potential moderators as well that can reduce the impact of financial loss to a company. The business has to take care of various factors that can amplify or reduce the financial loss to the business. The moderators of financial loss are event specific as well as firm specific. The firm specific moderators are regarded as business reputation, size,…. [read more]


Non-Profit and For-Profit Ethical Term Paper

… Many companies are now brining in consultants to help the company develop a company-wide code of ethics that has real meaning. In order for ethical standards to take hold in a company, they must be more than merely platitudes. They must be real enough for all employees to take to heart. Most companies, when they are developing ethical codes, first take into consideration any areas in which the company and its employees may be ethically vulnerable. These ethical codes also strive to create ways to accurately measure the degree of ethical behavior the company and its employees are using. Companies are also hiring full-time ethical compliance officers and starting ethics 1-800 hotlines to which ethical violations of the company or its employees can be reported.…. [read more]


Case Studies: Warranty and Environmental Liability Case Study

… Neither does Administrative Procedure Act have any jurisdiction in situations where CERCLA prohibits judicial review. CERCLA bars the review of the lien until EPA enforces an action. The court found that there were no safeguards for due process for the landowners before or after the placing of the lien. And it also held that neither did the lien deprive the Reardons of their constitutionally protected interest on their property. It interpreted the lien, not a confiscation of property, but a restriction on its alienation. The lien did not constrain their use or ownership of the property. The lien, instead, provides the government's interest in the funds it spent in cleaning the property. At the same time, it insured that those responsible would pay back the…. [read more]


Product Warranty Products for Home Term Paper

… Moreover, warranty protects them from unscrupulous manufacturers who may have used non-quality materials to produce the products. For instance, in terms of home products such as furniture, it is important that such products are able to last long since they are meant for home use. With product warranty, should they encounter problems with the products they bought, this right of the consumers is not neglected in the industry of home improvement.

Although at first perception, the purpose of warranty may be viewed as a disadvantage to the manufacturers. But, on one hand, warranties similarly provide benefits to them. Because of the consumer product laws, they are obliged to deliver quality goods right at the first delivery to prevent return of products from consumers. This consequently…. [read more]


Vioxx Tort Vioxx and Tort Issues Product Research Paper

… Vioxx Tort

Vioxx and Tort Issues

Product liability essentially follows the manufacturer of the product; as long as consumers used the product in keeping with recommendations and/or instructions and nothing was mishandled by distributors or retailers, then any injuries or damages resulting form the sue of the product are the liability of the manufacturer. In this case, Merck definitely bears some liability for the health concerns caused by taking Vioxx, even though the drug was properly tested and approved according to the details of the case. Liability does not imply negligence, however, and because Merck appears to have acted responsibly and in the best interests of its consumers throughout this case, it is not reasonable to accuse the company of real negligence. This also has…. [read more]


Property and Liability Insurance Essay

… Cronin et al. 2003)

Business insurance by and large captures one of two forms: first party or third party. First party" insurance takes care of the insured's own definite losses as well as expenses. Archetypal first party policies comprise of property insurance, fidelity insurance, as well as business intermission insurance. Third party insurance covers the insures from definite or prospective liability to individuals like a customer. Commercial General Liability is common third party coverage.

Within third party policies, the insurer poses detached responsibilities to protect the insured as well as underwrite the insured for liability obligatory. The insurer's responsibility to protect the insured is wider than the obligation to underwrite. The responsibility to protect is prompted by the third party's accusations; on the other hand,…. [read more]


Marketing Product Safety, and Intellectual Essay

… PharmaCare is not socially responsible for their actions towards the community in Colberia. According to the moral compass, individuals or organizations should operate under guidelines and principles of ethics in conducting their duties and to determine what is right and wrong. Although moral compasses vary from one individual to another depending on cultural differences, morality bears that all humans are equal although vulnerability varies from one individual or community to another. According to Carden (2006), an individual incorporation of virtue ethics in personal ethical compass helps to understand that all human beings are equal before God and the environment is God's gift to his creation.

PharmaCARE violates the property rights in Colberia for their own advantage while strictly adhere to the property rights in the…. [read more]


Products and Product Lines Manufactured Essay

… This is augmenting their existing strategy to force suppliers to meet their requirements for: price quantity and delivery times. To protect themselves, the company will have multiple contracts with various producers in place. In the event that a manufacturer cannot meet these requirements is when they will begin using other firms. This is designed to provide Wal Mart with the products they need and a consistent supply to meet the demands of customers. (Murphy, 2008) (Soderquist, 2005) (Leeman, 2010)

Analyze the production and inventory control measures within the organization, including scheduling, demand systems, inventory functions and analysis.

The inventory control measures are based upon a system called the Electronic Data Interchange. This is a real time system that is designed to improve communication, collaboration and…. [read more]


Strategic Approach to Product Recalls Case Study

… Strategic Approach to Product Recalls

One of the major challenges for most corporations is dealing with product recalls. This is because there is the need to inform customers about these issues. While at the same time, they must be able to protect their image and brand name. To determine how this can be successfully achieved we will be examining the product recalls from: Saturn and Audi. This will be accomplished by comparing and contrasting how this was achieved through: examining the action plans that were developed, identifying the offensive / defensive tactics that were utilized, analyzing what security was needed, evaluating the chain of accountability along with which brand prevailed / the reason why. Once this occurs, it will provide the greatest insights as to…. [read more]


Product Life Cycle, or Indeed Any Change Essay

… ¶ … product life cycle, or indeed any change to the product life cycle. Must be taken into account in the marketing and financial planning of any company. Essentially, maximizing profit potentials and future cash flows necessitates the alterations of product life cycles to bring the time between product release and revenue generation to the shortest possible, matching optimum production levels to an adequate supply based on market demand (VBM 2010). A shorter product life cycle means that a company must increase production capabilities in order to meet demand, and also means that there will be more cash flow generated through more frequent sales, leading to an increase in absolute sales over any given period of time (VBM 2010). This can lead to many different…. [read more]


Marketing, Manufacture, & Design Liability Term Paper

… That is, recovery is no longer dependent on proving that the manufacturer was careless as required under negligence law or showing contractual privity as required under warranty law. This explains why in the recent past, there is less emphasis on breach of warranty and negligence theories. Strict liability helps to ensure that the cost of injuries resulting from defective products is borne by the manufacturers who put the products in the market rather than injured persons.

The California Supreme Court first applied the concept of strict liability in Greenman v. Yuba Power Product, Inc (1963) case. The plaintiff (Greenman) was injured while using a Shopsmith combination power tool. Greenman sued Yuba Power Products, Inc. (defendant) alleging negligence and breaches (Justia.com, n.d.). The judges argued…. [read more]

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